Manatee Protection Speed Zone Rules 

What Are Manatee Protection Rules?

Manatee protection rules are rules that are established by FWC to restrict the speed and operation of vessels where necessary to protect manatees from harmful collisions with vessels and from harassment. In areas that are especially important to manatees, the rules can prohibit or limit entry into an area as well as restrict what activities can be performed in the area. FWC is authorized to adopt these rules by the Manatee Sanctuary Act (370.12(2), Florida Statutes). The rules appear in Chapter 68C-22 of the Florida Administrative Code (FAC).

Local governments can also establish manatee protection zones through the adoption of a local ordinance. These zones must be approved by FWC before they can take effect, as required by 370.12(2)(o)FS. The only other limitation on a local government's ability to establish manatee protection zones is that local zones cannot include waters within the main marked channel of the Florida Intracoastal Waterway or waters within 100 feet thereof.

How Are Manatee Protection Rules Established?

FWC's manatee protection rule-making process is described in rule 68C-22.001, FAC. The process is started when FWC staff evaluate all available information and come to the decision that a rule should be proposed. (The initial step of nominating an area to be evaluated can be undertaken internally by FWC or can be done by someone outside of FWC by submitting a request.) Many different factors are considered when the need for a rule is evaluated. The most important factors are typically the amount and types of manatee use and boating use in the area in light of the waterway characteristics (depth, visibility, width of the waterway, etc.).

Once FWC has decided that a new rule should be created or an existing one amended, it must follow the rule-making procedures required by the Administrative Procedures Act (Chapter 120, Florida Statutes) and the Uniform Rules of Procedure related to rule-making (28-103, FAC). These statutes and rules should be consulted for a detailed description of the process; however the general process is as follows:

1. The first step is to publish a Notice of Rule Development (NORD) and mail the notice to everyone who has requested to be notified whenever FWC considers a manatee protection rule. The purpose of this notice is to announce that FWC is considering the need for a rule. Rule Development Workshops can also be held.

2. FWC staff then review any information that is provided following the NORD to confirm that a rule is indeed needed.

3. If it is decided that a rule is still needed, a Notice of Proposed Rulemaking is then published and mailed.

4. Public comments are then accepted for a minimum of 21 days and at least one public hearing is usually held. Any comments that are submitted during this phase are then evaluated to determine if any changes should be made to the proposed rule.

5. If changes are made, a third notice known as a Notice of Change is then published and disseminated.

6. The final step in the rule-making process is then to file the rule for adoption with Florida's Department of State. Rules become effective 20 days after being adopted, but are not enforceable until signs are posted on the water to notify boaters of the regulations.